NARAPUREDDY DASUMURTHY Vs. SURAVARAPU SRINIVASARAO

JUDGEMENT

(1.) The plaintiffs in the suit filed the above revision against the order dtd. 25/6/2024 in I.A.No.190 of 2024 in O.S.No.40 of 2017 on the file of Family Court-cum-III Additional District & Sessions Court, Srikakulam.

(2.) The plaintiffs filed the suit O.S.No.40 of 2017 for declaration of title and consequential permanent injunction etc. The plaintiffs pleaded title to the schedule property, by virtue of a registered sale deed dtd. 5/7/2013, purchased from Dr.Narendra Kumar, who, in turn, purchased the schedule property from Appalakonda Rajarao in the year 2006. It was further pleaded that when the plaintiffs are preparing for construction of the boundary wall on 3/7/2017, the defendants tried to interfere and the said attempts was successfully resisted by the plaintiffs. Hence, the suit was filed.

(3.) a) The 1st defendant filed written statement. It was contended, interalia, that 1st defendant, Vivekananda and Thamminaidu are the sons of late sri S.Kaminaidu. The said Kaminaidu and Etcherla Appanna jointly purchased Ac.2.43 cents in S.No.168 of Patha Srikakulam, T.S.No.96 and an extent of Ac.1.75 cents in S.No.182-75, T.S.No.111 under a registered sale deed dtd. 27/7/1966 from Gudivada Venkata Varadaraju and others. They enjoyed the property jointly till 1984. S.Kaminaidu filed suit O.S.No.44 of 1984 on the file of Additional Subordinate Judge's Court, Srikakulam for partition. A preliminary decree was passed on 18/8/1987. An advocate commissioner was appointed and a final decree was passed in I.A.No.195 of 1988 on 1/3/1990. The property was divided into A, B, C, D & E plots. "A" plot relates to Ac.2.43 cents in S.No.168. It was further divided into X, X1 and Y. X1 and Y denoted lots were allotted to Kaminaidu and the X denoted lot was allotted to Etcherla Appanna's branch. E.P.No.39 of 1991 was filed by the Kaminaidu under Order XXI Rule 35 of CPC for delivery of "X1" and "Y" denoted lots and the delivery was affected on 25/9/1991. Thus, Kaminaidu and thereafter defendants have been in possession and enjoyment of property.